Bhalchandra S/O. Subhash Bombalage v. State Of Mah. Thr. Office In-Charge, Ps, Yavatmal (Rural),Dist. Yavatmal And Another.

2023:BHC-NAG:12939 64.apeal.392.23 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application [APPA] No.608 of 2023 in Criminal Appeal No.392 of 2023 Bhalchandra s/o Subhash Bombalage vs.

State of Maharashtra, through Office In-Charge, Police Station, Yavatmal (Rural), District Yavatmal and another =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. R.M. Daga, Advocate for the Appellant.

Mr. A.M. Kadukar, A.P.P. for the Respondent/State. CORAM :

M.W. CHANDWANI, J.

DATE :

th AUGUST, .

Heard.

02] It appears that by order dated 13/06/2023, the notice was issued to respondent No.2 and meanwhile sentence of the appellant was suspended and the appellant was directed to be released on bail. The application was kept pending to be heard after service of the notice to respondent No.2. The record shows that though respondent No.2 was served, but she does not remain present. 03] The appellant was on bail during the trial. The appellant has already been released on temporary bail by the order dated 13/06/2023 of this Court. Inspite of service, respondent No.2 did not appear. The appeal is already admitted.

04] In view of above, the substantive sentence passed by the trial Court shall remain suspended during pendency of the appeal on the same conditions as mentioned in order dated 13/06/2023. Accordingly, the application is allowed and disposed of. JUDGE *sandesh